Evans County Sheriff’s Office Privacy Policy
I. Purpose
The Evans County Sheriff’s Office Intelligence Led Policing Operation and its Intelligence Analyst serves as an intelligence clearing house or center (herein referenced to as “Center”) as defined below:
An Intelligence Center is a collaborative effort of two of more agencies who provide resources, expertise, and/or information to the Center with the goal of maximizing the ability to detect, prevent, apprehend, and respond to criminal activity.
The Intelligence Center project was initiated in response to the increased need for timely information sharing and exchange of crime-related information among members of the law enforcement community. One component of the Center focuses on the development and exchange of criminal intelligence. This component focuses on the intelligence process where information is collected, integrated, evaluated, analyzed and disseminated.
The Center’s intelligence products and services will be made available to law enforcement agencies and other criminal justice entities. All agencies participating in the Center will be subject to and will be required to adhere to all Center policies and security requirements. The purpose of this privacy policy is to ensure safeguards and sanctions are in place to protect personal information as information and intelligence are developed and exchanged.
This Privacy Policy embraces the eight Privacy Design Principles developed by the Organization of Economic Cooperation and Development’s Fair Information Practices and shall be used to guide the policy wherever applicable. The eight Privacy Design Principles are:
- 1. Purpose Specification―Define agency purposes for information to help ensure agency uses of information are appropriate.
- 2. Collection Limitation―Limit the collection of personal information to that required for the purposes intended.
- 3. Data Quality―Ensure data accuracy.
- 4. Use Limitation―Ensure appropriate limits on agency use of personal information.
- 5. Security Safeguards―Maintain effective security over personal information.
- 6. Openness―Promote a general policy of openness about agency practices and policies regarding personal information.
- 7. Individual Participation―Allow individual’s reasonable access and opportunity to correct errors in their personal information held by the agency.
- 8. Accountability―Identify, train, and hold agency personnel accountable for adhering to agency information quality and privacy policies.
The Center has developed databases by using existing data sources from participating entities to integrate data with the goal of identifying, developing, and analyzing information and intelligence related to criminal activity and for criminal investigative leads. This capability will facilitate integration and exchange of information between the participating agencies.
II. Collection Limitation
The Center is maintained for the purpose of developing information and intelligence by agencies participating in the project. The decision of the agencies to participate in the Center and about which databases to provide is voluntary and will be governed by the laws and rules governing the individual agencies respecting such data, as well as by applicable federal laws.
Because the laws, rules, or policies governing information and intelligence that can be collected and released on private individuals will vary from agency to agency, limitations on the collection of data concerning individuals is the responsibility of the collector of the original source data. Each contributor of information is to abide by the collection limitations applicable to it by reason of law, rule, or policy. Information contributed to the Center should be that which has been collected in conformance with those limitations.
III. Data Quality
The agencies participating in the Center remain the owners of the data contributed and are, therefore, responsible for the quality and accuracy of the data accessed by the Center. Inaccurate personal information can have a damaging impact on the person concerned and on the integrity and functional value of the Center. In order to maintain the integrity of the Center, any information obtained through the Center must be independently verified with the original source from which the data was extrapolated before any official action (e.g., warrant or arrest) is taken. User agencies and individual users are responsible for compliance with respect to use and further dissemination of such information and the purging and updating of the data.
IV. Use Limitation
Information obtained from or through the Center can only be used for lawful purposes. A lawful purpose means the request for data can be directly linked to a law enforcement agency’s active criminal investigation or is a response to a confirmed lead that requires follow-up to prevent a criminal act.
The Sheriff will take necessary measures to make certain that access to the Center’s information and intelligence resources is secure and will prevent any unauthorized access or use. The Sheriff reserves the right to restrict the qualifications and number of personnel who will be accessing the Center and to suspend or withhold service to any individual violating this Privacy Policy. The
Sheriff, or persons acting on behalf of the Sheriff, further reserves the right to conduct inspections concerning the proper use and security of the information received from the Center.
Security for information derived from the Center will be provided in accordance with applicable laws, rules, and regulations. Furthermore, all personnel who receive, handle, or have access to Center data and/or sensitive information will be trained as to those requirements. All personnel having access to the Center’s data agree to abide by the following rules:
- 1. The Center’s data will be used only to perform official law enforcement investigative-related duties in a manner authorized by the user’s employer.
- 2. Individual passwords will not be disclosed to any other person except as authorized by agency management.
- 3. Individual passwords will be changed if authorized personnel of the agency or members of the Center suspect the password has been improperly disclosed or otherwise compromised.
- 4. Background checks will be completed on personnel who will have direct access to the Center.
- 5. Use of the Center’s data in an unauthorized or illegal manner will subject the user to denial of further use of the Center; discipline by the user’s employing agency, and/or criminal prosecution.
Each authorized user understands that access to the Center can be denied or rescinded for failure to comply with the applicable restrictions and use limitations.
V. Security Safeguards
Information obtained from or through the Center will not be used or publicly disclosed for purposes other than those specified in the privacy policy each agency member must sign. Information cannot be (1) sold, published, exchanged, or disclosed for commercial purposes; (2) disclosed or published without prior approval of the contributing agency; or (3) disseminated to unauthorized persons.
Patrol alerts, open case alerts, and other criminal intelligence products marked “Restricted” will not and shall not be disseminated beyond the Officer receiving the products without authorization from the ECSO, unless such dissemination to the individual involved is necessary to avoid imminent danger to life or property.
Use of the Center’s data is limited to those individuals who have been selected, approved, and trained accordingly. Access to information contained within the Center will be granted only to law enforcement agency personnel who have been screened with a state and national fingerprint-based background check.
Access to the Center’s databases from outside of the Center will only be allowed over secure network lines.
Blackberry devices, smart phones, PDA’s and Laptops used by the ECSO or any agency receiving intelligence information by the ECSO shall remain in the custody and control of the law enforcement official at all times and be “Locked” for security through password protection when not on person.
VI. Openness
It is the intent of the participating agencies to be open with the public concerning data collection practices when such openness will not jeopardize ongoing criminal investigative activities. Participating agencies will refer citizens to the original collector of the data as the appropriate entity to address any concern about data accuracy and quality, when this can be done without compromising an active inquiry or investigation.
All agencies participating in the Center will make this Privacy Policy available for public review. The Center will post this Privacy Policy on its public Web site and make it available to any interested party.
VII. Individual Participation
The data maintained by the Center is provided, on a voluntary basis, by the participating agencies or is information obtained from other sources by the Center. Each individual user searching against the data as described herein will be required to acknowledge that he or she remains solely responsible for the interpretation, further dissemination, and use of any information that results from the search process and is responsible for ensuring that any information relied upon is accurate, current, valid, and complete, especially before any official action is taken in full or partial reliance upon the information obtained.
Members of the public cannot access individually identifiable information, on themselves or others, from the Center’s applications. Persons wishing to access data pertaining to themselves should communicate directly with the agency or entity that is the source of the data in question.
Participating agencies agree that they will refer requests related to privacy or sunshine laws back to the originator of the information.
VIII. Accountability
All Intelligence information disseminated from the Evans County Sheriff’s Office Intelligence Center that is marked “Restricted” shall not be disseminated to any “Third Party” without the consent of E.C.S.O.
When a query is made to any of the Center’s data applications, the original request is automatically logged by the system identifying the user initiating the query. When such information is disseminated outside of the agency from which the original request is made, The
Agency MUST have the permission of the E.C.S.O., a secondary dissemination log must be maintained in order to correct possible erroneous information and for audit purposes, as required by applicable law. Secondary dissemination of information can only be to a law enforcement agency for a law enforcement investigative purpose or to other agencies as provided by law. The agency from which the information is requested will maintain a record (log) of any secondary dissemination of information. This record will reflect as a minimum:
- 1. Date of release.
- 2. To whom the information relates.
- 3. To whom the information was released (including address and telephone number).
- 4. An identification number or other indicator that clearly identifies the data released.
- 5. The purpose for which the information was requested.
The Sheriff will be responsible for conducting or coordinating audits and investigating misuse of the Center’s data or information. All violations and/or exceptions shall be reported to the Sheriff. Individual users of the Center’s information remain responsible for their legal and appropriate use of the information contained therein. Failure to abide by the restrictions and use limitations for the use of the Center’s data may result in the suspension or termination of use privileges, discipline sanctions imposed by the user`s employing agency, or criminal prosecution. Each user and participating agency in the Center is required to abide by this Privacy Policy in the use of information obtained by and through the Center. Further, the Evans County Sheriff’s Office, The E.C.S.O. Intelligence Led Policing Center and all participating Officers, Agencies and Users will comply with 28 CFR Part 23.
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Sheriff Randall H. Tippins
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Date
Revised: 07-08-2010